Orange County NC Website
Browse       Search
DocuSign Envelope ID: 1648A5F0-E971-4EFC-B3FA-2F3021D11A69 <br /> 8. Additional Provisions <br /> a. Limitation and Assi mm�ent. The County and the Property Owner each bind themselves, <br /> their successors, assigns,and legal representatives to the terms of this Agreement. Neither <br /> the County nor the Property Owner shall assign or transfer its interest in this Agreement <br /> without the written consent of the other. <br /> b. Governing Law. This Agreement and the duties, responsibilities, obligations, and rights <br /> of respective parties hereunder shall be governed by the laws of the State of North <br /> Carolina. <br /> c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with <br /> respect to any provision of, or the performance or non-performance of, this Agreement <br /> shall be brought in the General Court of Justice of North Carolina sitting in Orange <br /> County, North Carolina. It is agreed by the parties that no other court shall have <br /> jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be <br /> initiated by either Party, however, the Parties may agree to nonbinding mediation of any <br /> dispute prior to the bringing of such suit or action. <br /> d. Entire Agreement. This Agreement represents the entire and integrated agreement <br /> between the County and the Property Owner and supersedes all prior negotiations, <br /> representations or agreements, either written or oral. This Agreement may be amended <br /> only by written instrument signed by both parties. Modifications may be evidenced by <br /> facsimile signatures. <br /> e. Severability. If any provision of this Agreement is held as a matter of law to be <br /> unenforceable, the remainder of this Agreement shall be valid and binding upon the <br /> Parties. <br /> f. Non-Appropriation. Property Owner acknowledges that County is a governmental entity, <br /> and the validity of this Agreement is based upon the availability of public funding under <br /> the authority of its statutory mandate. <br /> In the event that public funds are unavailable and not appropriated for the performance of <br /> County's obligations under this Agreement,then this Agreement shall automatically expire <br /> without penalty to County immediately upon written notice to Property Owner of the <br /> unavailability and non-appropriation of public funds. It is expressly agreed that County <br /> shall not activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement, but only as an emergency fiscal measure during a <br /> substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, mandate and/or mandated <br /> functions, by state and/or federal legislative or regulatory action, which adversely affects <br /> County's authority to continue its obligations under this Agreement, then this Agreement <br /> shall automatically terminate without penalty to County upon written notice to Property <br /> Owner of such limitation or change in County's legal authority. <br /> g. Signatures. This Agreement together with any amendments or modifications may be <br /> October 2020 1.0 3 <br />